United States District Court, W.D. Washington, Seattle
Attorneys for Plaintiffs Stephen M. Raab, Gutride Safier LLP
Marie A. McCrary, Esq. (pro hac vice) Gutride Safier LLP.
Attorneys for Defendants Charles C. Sipos Lauren E. Staniar,
David T. Biderman, pro hac vice forthcoming Perkins Coie LLP.
C. COUGHENOUR UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the parties' agreement
regarding discovery of electronically stored information
(“ESI”) (Dkt. No. 42). The Court ENTERS the
attorney's zealous representation of a client is not
compromised by conducting discovery in a cooperative manner.
The failure of counsel or the parties to litigation to
cooperate in facilitating and reasonably limiting discovery
requests and responses raises litigation costs and
contributes to the risk of sanctions.
proportionality standard set forth in Federal Rule of Civil
Procedure 26(b)(1) must be applied in each case when
formulating a discovery plan. To further the application of
the proportionality standard in discovery, requests for
production of ESI and related responses should be reasonably
targeted, clear, and as specific as possible.
Nothing herein shall relieve the parties of any obligations
they may have to search for responsive documents in hard copy
weeks after entry of this order, the parties shall disclose:
The Status of Custodian Selections.
parties acknowledge that custodian selection will benefit
from thorough and expeditious investigation, which is ongoing
at the time of this filing. The parties agree to report on
the status of custodian selection two weeks after the entry
of this order, and further agree to keep each other apprised
as custodian selection unfolds. As soon as practicable, but
no later than September 13, 2019, the parties will disclose
the five custodians most likely to have discoverable ESI in
their possession, custody, or control. The custodians shall
be identified by name, title, connection to the instant
litigation, and the type of the information under his/her
control. The parties shall limit their document collection to
these custodians in the first instance; they agree to
entertain reasonable requests for additional, non-overlapping
custodians after the parties have had an opportunity to
review the document productions from the five custodians
selected and assess whether there are additional custodians
whose files are likely to contain appreciable volumes of
unique, responsive documents.
Non-custodial Data Sources.
of non-custodial data sources (e.g., shared drives, servers,
etc.), if any, likely to contain discoverable ESI.
Third-Party Data Sources.
of third-party data sources, if any, likely to contain
discoverable ESI (e.g., third-party email and/or mobile
device providers, “cloud” storage, etc.) and, for
each such source, the extent to which a party is (or is not)